Reasons for divorce in New Brunswick

There are three distinct grounds or reasons for divorce in Canada. They include:

• Separated: This is a no-fault judgment and the spouses must have lived apart for a year. The divorce may be filed before the year has passed, but a decision won’t be issued until after one full year. It is possible for spouses to live in the same home, as long as at least one of the spouses intends for there to be separation implied. This type of situation is not usually questioned.
• Adultery
• Cruelty

The second and third grounds for divorce are only available to the petitioner, meaning that the one who committed the act cannot file for divorce. Grounds based on adultery and/or cruelty typically do not have a waiting period, but may be more difficult to establish. It may be impossible to utilize one of those grounds when filing a joint petition.